Three Factors That Determine Whether You Can Change Your Kid's Last Name
by Joan Bradley
Some people change their kid's last name after divorce or if they don't end up marrying the kid's biological parent. Whatever your reasons for the name change, it's not just something you can wake up one day and do. You need to petition the court in order to change your child's surname, and the court will consider the following factors in making its decision:
How Long They Have Had the Name
The longer your child has used the same name, the more difficult it will be to change. This is because changing a child's last name after many years of use would disrupt their life more than it would if the child had only used the name for a short while.
The Strength and Length Relationship with the Parent
The court will also consider how long the child has had a relationship with the other parent, as well as the strength of your relationship. A name change is easier if the court deems the child doesn't have a strong relationship with the parent whose name you wish to remove. For example, you have high chances of succeeding if the child has only known the other parent for a couple of years or so and only see them a couple of times a year.
The Need to Identify with a New Family
Another thing the court will look at is your reason for petitioning the name change. For example, you may wish to change your kid's name when you remarry so that the kid can better identify with your new family. This is understandable because having one kid with a different surname may be alienating to the affected kid. Courts understand the situation and may be amenable to your request if that is your reason for seeking a name change.
The Position of the Other Parent
Although the court will base its decision largely based on the best interests of the child, it will also take the other parent's wishes into account. This means you have a good chance of success if the other parents don't object to the name change or are unavailable to offer an objection. In fact, you can make the petition jointly to assure the court that the other parent is also of the same idea.
Unless the other parent is totally of the same opinion, you will probably need a lawyer to help you convince the court of the necessity of the name change. Consult a family law attorney today to help you take the plunge.
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About Me
You walk into your favorite grocery store and right away, you slip and fall only to sprain your ankle. You can't perform your job because it requires standing on your feet all day, which means that you can't make any money to support your family while your ankle heals. There was no warning that the floors were wet after being cleaned in the store – so what do you do? It's probably a good idea to think about filing a personal injury lawsuit. Of course, anyone with experience with a personal injury case will tell you just how important it is to work with an attorney throughout the process. I'd like to share insight I've learned through three personal injury cases that I myself have had to go through in the past. I think the information on this website can help people like you, who need some personal injury guidance.